Odutola v Hart & Ors [2018] EWHC 2259 (Ch) (27 July 2018)

Odutola v Hart & Ors [2018] EWHC 2259 (Ch) (27 July 2018)

The petition does not disclose any conduct of the company's affairs that is both prejudicial and unfair to the petitioner within the meaning of Companies Act 2006 s.994; the facts alleged, even if true, do not amount to unfair prejudice; the petition is bound to fail and must be struck out.

Citation
[2018] EWHC 2259 (Ch)
Parties
Petitioner/respondent: Adetutu O. Odutola; Applicant/respondent: Joanna Hart; Applicant/respondent: Hazel Taylor; Applicant/respondent: Victoria Ball; Applicant/respondent: Ian Spencer; Applicant/respondent: Cremorne Mansions Residents Association Limited
Jurisdiction
England and Wales
Judgment Date
27 July 2018
Procedural Posture
Unfair Prejudice Petition Under Companies Act 2006 S.994 / Application to Strike Out Petition And/or Summary Judgment
Outcome
Petition struck out as disclosing no reasonable grounds; certified totally without merit; permission to appeal refused.
Legal Topics
Unfair Prejudice, Strike Out Applications, Summary Judgment, Directors' Duties, Shareholder Rights
Company Law Civil Procedure Unfair Prejudice Strike Out Applications Summary Judgment Directors' Duties Shareholder Rights

Case Brief

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Parties

Adetutu O. Odutola

Petitioner/respondent

Joanna Hart

Applicant/respondent

Hazel Taylor

Applicant/respondent

Victoria Ball

Applicant/respondent

Ian Spencer

Applicant/respondent

Cremorne Mansions Residents Association Limited

Applicant/respondent

Procedural Posture

Unfair Prejudice Petition Under Companies Act 2006 S.994 / Application to Strike Out Petition And/or Summary Judgment

Legal Issues

  1. 1 Whether the petition discloses any reasonable grounds for bringing an unfair prejudice claim under Companies Act 2006 s.994
  2. 2 Whether the facts alleged, even if true, amount to unfair prejudice
  3. 3 Whether the petition should be struck out or dismissed summarily

Ratio Decidendi

The petition does not disclose any conduct of the company's affairs that is both prejudicial and unfair to the petitioner within the meaning of Companies Act 2006 s.994; the facts alleged, even if true, do not amount to unfair prejudice; the petition is bound to fail and must be struck out.

Court Disposition

Petition struck out as disclosing no reasonable grounds; certified totally without merit; permission to appeal refused.

Orders

  • Unfair prejudice petition struck out under CPR 3.4(2)(a)
  • Petition certified as totally without merit